Bill Text: IL SB3606 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Creates the Second Chance State Reimagined Justice Act. Contains declarations and findings. Provides that the clerk of the circuit court shall provide an arraigned defendant with written information about the Reimagined Justice Program, sets forth criteria for participation in a Program, and provides that, if an eligible defendant consents to participation in a Program, a pretrial navigator assigned to the eligible defendant shall create a proposed Program. Specifies the contents of a proposed Reimagined Justice Program. Provides that the court shall conduct a hearing on the eligible defendant's proposed Reimagined Justice Program. Provides for procedure and matters to be considered at the hearing and for the approval, modification, or rejection of the proposed Reimagined Justice Program. Provides for the implementation and completion of the Reimagined Justice Program or for the resumption of criminal proceedings under specified circumstances. Provides that the Department of Returning Resident Affairs shall annually report on the efficacy of the Reimagined Justice Program. Amends the Criminal Identification Act. Provides for the immediate expungement of certain records under specified circumstances. Amends the Fines Article of the Unified Code of Corrections. In provisions regarding the determination of the amount and method of payment of a fine, adds criteria to be considered by the court and applies specified provisions to restitution. Adds provisions regarding collection of fines and restitution and the revocation of a fine or restitution. Repeals a Section providing that an offender who defaults in the payment of a fine or any installment of that fine may be held in contempt and imprisoned for nonpayment and that the court may issue a summons or a warrant of arrest. Contains provisions regarding severability and other matters. Effective immediately, but certain provisions do not take effect at all unless another Act becomes law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-19 - Referred to Assignments [SB3606 Detail]

Download: Illinois-2021-SB3606-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB3606 Introduced 1/19/2022, by Sen. Celina Villanueva SYNOPSIS AS INTRODUCED:
New Act
20 ILCS 2630/5.2
730 ILCS 5/5-9-1 from Ch. 38, par. 1005-9-1
730 ILCS 5/5-9-2 from Ch. 38, par. 1005-9-2
730 ILCS 5/5-9-3 rep.
Creates the Second Chance State Reimagined Justice Act. Contains declarations and findings. Provides that the clerk of the circuit court shall provide an arraigned defendant with written information about the Reimagined Justice Program, sets forth criteria for participation in a Program, and provides that, if an eligible defendant consents to participation in a Program, a pretrial navigator assigned to the eligible defendant shall create a proposed Program. Specifies the contents of a proposed Reimagined Justice Program. Provides that the court shall conduct a hearing on the eligible defendant's proposed Reimagined Justice Program. Provides for procedure and matters to be considered at the hearing and for the approval, modification, or rejection of the proposed Reimagined Justice Program. Provides for the implementation and completion of the Reimagined Justice Program or for the resumption of criminal proceedings under specified circumstances. Provides that the Department of Returning Resident Affairs shall annually report on the efficacy of the Reimagined Justice Program. Amends the Criminal Identification Act. Provides for the immediate expungement of certain records under specified circumstances. Amends the Fines Article of the Unified Code of Corrections. In provisions regarding the determination of the amount and method of payment of a fine, adds criteria to be considered by the court and applies specified provisions to restitution. Adds provisions regarding collection of fines and restitution and the revocation of a fine or restitution. Repeals a Section providing that an offender who defaults in the payment of a fine or any installment of that fine may be held in contempt and imprisoned for nonpayment and that the court may issue a summons or a warrant of arrest. Contains provisions regarding severability and other matters. Effective immediately, but certain provisions do not take effect at all unless another Act becomes law.
LRB102 22627 RLC 34008 b
A BILL FOR
SB3606 LRB102 22627 RLC 34008 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Second
Chance State Reimagined Justice Act.
Section 5. Legislative declarations and findings. The
General Assembly finds and declares that:
(1) It is in the best interests of the people of Illinois
to move from our failed response to crime, which prioritizes
incarceration for the purpose of imposing punishment and
creating deterrence.
(2) The intolerable 41% recidivism rate in Illinois, with
a cost of over $151,000 for each recidivism event, 39% rate of
formerly incarcerated individuals being re-arrested for a
violent crime within 9 years of release and 83% rate of
homicide offenders in Illinois having arrest or conviction
records are but a few of the indicators that Illinois'
response to crime is not working.
(3) It is in the best interests of all Illinois citizens
for the State to reduce the cost of recidivism by moving from
this failed approach. It is therefore in the best interests of
all Illinois citizens for the State to create a comprehensive,
coordinated, and holistic program that:

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(A) will result in the rehabilitation of defendants in
criminal proceedings through reconciliation with their
victims and the community at large;
(B) addresses the social determinants which
precipitated the defendants' commission of the offenses
with which they are charged; and
(C) places defendants in a position where it is
unlikely that they will commit a future criminal offense.
(4) The enactment of this Act will accomplish these goals.
Section 10. Definitions. As used in this Act:
"Eligible defendant" means any defendant in a criminal
proceeding pending in any State court in which:
(1) the defendant has not previously participated in
an alternative prosecution program similar to the Program
and which was conducted by any governmental entity in any
State or federal territory;
(2) the offense which the defendant is alleged in the
pending criminal proceeding to have committed was not
committed while the defendant was on bond, under the
supervision of a court, on conditional discharge or
subject to similar conditions;
(3) the defendant has not been convicted of committing
another criminal offense since the defendant filed or
otherwise advised a court of the defendant's request to
participate in the Reimagined Justice Program under this

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Act.
"Pretrial navigator" means a pretrial navigator employed
by a hub site operator under the Department of Returning
Resident Affairs Act.
"Program" means the Reimagined Justice Program authorized
by this Act.
Section 15. Arraignment requirements. Simultaneously with
a defendant's arraignment in a criminal proceeding, the clerk
of the circuit court in which that proceeding is pending shall
provide the defendant with written information about the
Reimagined Justice Program. That written information shall
include, without limitation, a description of the Program,
criteria for eligibility to participate in the Program,
Program benefits, requirements, and deadlines, timelines for
participation in the Program, and a form pursuant to which the
defendant consents to participation in the Program. That
consent shall include, without limitation, the defendant's
consent to a pretrial navigator's collaboration with the
defendant's family, counselors, teachers and law enforcement,
the State's Attorney, and such other persons as the pretrial
navigator deems necessary to create the proposed Reimagined
Justice Program, all as described in this Act. That written
information shall also include the following statement printed
in 16 point or larger bold type:
You have the right to be represented by an attorney

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throughout your participation in a Reimagined Justice
Program. Your participation in a Reimagined Justice
Program will require you to waive your right to a
preliminary hearing on the criminal offense that has been
charged against you. You should consult with an attorney
to determine how that waiver will impact you. If you fail
to comply with the requirements of the Reimagined Justice
Program that has been approved by the court, the court may
proceed to a trial of your case.
Each clerk of the circuit court shall have copies of such
information written in English, Spanish, and Polish and may
have copies written in other languages, and shall attempt to
provide the defendant with a copy written in a language that
the defendant understands.
Section 20. Procedure for participation in Reimagined
Justice Program. Any eligible defendant may participate in a
Reimagined Justice Program under this Act if the eligible
defendant files a written consent to participation in that
Program with the court in which the eligible defendant's
criminal proceeding is pending within 120 days after the
eligible defendant's arraignment in that criminal proceeding.
The consent shall be filed using a standardized form that the
clerk of each circuit court shall make available to eligible
defendants without charge. The consent may also be filed in
any other form reasonably acceptable to the court in which the

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eligible defendant's criminal proceeding is pending. The
eligible defendant shall serve a copy of the consent upon the
State's Attorney who is prosecuting the pending criminal
proceeding against the eligible defendant. That State's
Attorney shall serve a copy of that consent upon any
complaining witnesses in the proceeding. There shall be no
charge to or fee required from an eligible defendant for
requesting participation or participating in a Reimagined
Justice Program.
Section 25. Prehearing proceedings.
(a) Upon an eligible defendant's filing of a consent to
participation in a Reimagined Justice Program, the court shall
set a date for a hearing on the eligible defendant's proposed
Reimagined Justice Program. The date of that hearing shall be
not less than 120 days after the filing of the consent, but the
hearing date may be continued for good cause. All other
proceedings in the prosecution of the eligible defendant shall
be stayed pending the disposition of the hearing on the
eligible defendant's proposed Reimagined Justice Program;
however, discovery shall continue in accordance with existing
rules and the hearing date shall be vacated and the
prosecution shall proceed as otherwise required by law if the
eligible defendant becomes ineligible to participate in a
Reimagined Justice Program prior to the hearing.
(b) The clerk of the circuit court for the court in which

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the eligible defendant's criminal proceeding is pending shall
electronically transmit a copy of the eligible defendant's
consent to participation in a Reimagined Justice Program to
the Department of Returning Resident Affairs within 5 business
days after the request is filed. The Department shall
electronically transmit a copy of the consent to the hub site
operated under the Second Chance State Program that serves the
area in which the eligible defendant resides within 48 hours
of that Department's receipt of the request. The hub site
operator for that hub site shall then assign a pretrial
navigator to the eligible defendant and the pretrial navigator
shall use best efforts to attempt to contact the eligible
defendant within 48 hours after the hub site operator receives
the request. The pretrial navigator's failure to make such
contact within 48 hours shall not negatively impact an
eligible defendant.
Section 30. Proposed Reimagined Justice Program.
(a) The pretrial navigator assigned to the eligible
defendant shall create a written proposed Reimagined Justice
Program for the eligible defendant that includes components
that will:
(1) result in the rehabilitation of the eligible
defendant through reconciliation with the eligible
defendant's victims and the community at large;
(2) address the social determinants that precipitated

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the eligible defendant's commission of the charged offense
at issue in the eligible defendant's pending criminal
proceeding; and
(3) place the eligible defendant in a position where
it is unlikely that the eligible defendant will commit a
future criminal offense.
The proposed Reimagined Justice Program shall include a
completion date, which shall be the date when the eligible
defendant shall be considered to have successfully completed
the Program and shall thereafter no longer be subject to it if
the eligible defendant has complied with its terms and
conditions. Those components may, but shall not be required
to, include completing educational or job training
programming, finding or maintaining employment or safe
housing, apologizing and providing restitution to victims,
obtaining substance abuse or mental health counseling, and
maintaining sobriety. The pretrial navigator shall collaborate
with the eligible defendant and the eligible defendant's
victims and community members and may collaborate with the
eligible defendant's family, counselors, teachers and law
enforcement, the State's Attorney, and such other persons as
the pretrial navigator deems necessary to create the proposed
Reimagined Justice Program.
(b) Not less than 30 days before the date set for hearing
on the approval of the eligible defendant's Reimagined Justice
Program, the pretrial navigator shall cause copies of the

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proposed Reimagined Justice Agreement to be:
(1) filed in the eligible defendant's pending criminal
proceeding;
(2) served upon the eligible defendant, any
complaining witnesses in the criminal proceeding, and the
State's Attorney prosecuting the eligible defendant's
criminal proceeding; and
(3) tendered to the judge who will conduct the hearing
on the eligible defendant's proposed Reimagined Justice
Program.
(c) The State's Attorney prosecuting the eligible
defendant's criminal proceeding shall file any response it has
to the proposed Reimagined Justice Program within 14 days
after service of the proposed Reimagined Justice Program on
the State's Attorney. That response shall also include the
identities of all witnesses the State's Attorney will call at
the hearing on the proposed Reimagined Justice Program, a
description of the testimony that each of those witnesses is
expected to provide, copies of all statements, reports, or
opinions those witnesses have provided to the State's Attorney
regarding the proposed Reimagined Justice Program, copies of
all other statements, reports, or opinions in the State's
Attorney's possession or control regarding the proposed
Reimagined Justice Program and copies of all exhibits the
State's Attorney will be offering into the record at the
hearing on the proposed Reimagined Justice Program. The

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State's Attorney shall also provide a description of any
testimony that any complaining witnesses in the criminal
proceeding or the eligible defendant's victims intend to make
at the hearing on the proposed Reimagined Justice Program. Any
matters the State's Attorney has in opposition to or
pertaining to the modification of the proposed Reimagined
Justice Program that are not raised in that response shall be
waived. The State's Attorney shall be barred from:
(1) calling any witnesses who were not disclosed in
that response;
(2) eliciting testimony from a witness other than
testimony that was disclosed for that witness in that
response; and
(3) seeking the admission of exhibits that were not
provided to the eligible defendant as part of that
response.
Section 35. Hearing on the proposed Reimagined Justice
Program.
(a) Standards for approval, modification, or rejection of
the proposed Reimagined Justice Program and presumptions. The
court's determination to approve, modify, or reject the
eligible defendant's proposed Reimagined Justice Program shall
be solely based upon evidence of what actions are reasonably
necessary to:
(1) result in the rehabilitation of the eligible

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defendant through reconciliation with the eligible
defendant's victims and the community at large;
(2) address the social determinants that precipitated
the eligible defendant's commission of the charged offense
at issue in the eligible defendant's pending criminal
proceeding; and
(3) place the eligible defendant in a position in
which it is unlikely that the eligible defendant will
commit a future criminal offense.
Evidence regarding other matters, including, without
limitation, punishment or deterrence, shall be irrelevant to
the court's determination to approve, modify, or reject the
eligible defendant's proposed Reimagined Justice Program. The
proposed Reimagined Justice Program filed by the pretrial
navigator shall be presumed to meet the standards for
approval. The State's Attorney shall have the burden of
rebutting that presumption. That presumption shall only be
rebutted by clear and convincing evidence to the contrary. The
court shall liberally construe the provisions of this Act and
the evidence presented to the court in favor of approving the
proposed Reimagined Justice Program filed by the pretrial
navigator.
(b) At the hearing on the proposed Reimagined Justice
Program, the court shall hear any relevant testimony that any
complaining witnesses in the criminal proceeding or the
eligible defendant's victims wish to provide, in addition to

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relevant testimony and evidence offered by the eligible
defendant, pretrial navigator, and witnesses for the eligible
defendant and State's Attorney. After the conclusion of the
hearing, the court shall enter a written order approving,
modifying, or rejecting the proposed Reimagined Justice
Program. The order shall also include the court's reasons for
approving, modifying, or rejecting the proposed Reimagined
Justice Program. Any order approving or modifying the proposed
Reimagined Justice Program shall also include, among other
provisions:
(1) The condition that the order shall only be in full
force and effect if, within 14 days after the eligible
defendant is served with the order, the eligible defendant
files a waiver of the eligible defendant's right to a
preliminary hearing in the criminal proceeding pending
against the eligible defendant;
(2) A completion date, which shall be the date when
the eligible defendant shall be considered to have
successfully completed the Program and shall thereafter no
longer be subject to it if the eligible defendant has
complied with its terms and conditions.
Section 40. Post-hearing proceedings.
(a) Resumption of criminal proceeding. The criminal
proceeding against the eligible defendant shall proceed as
otherwise provided by law if either of the following occurs:

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(1) the eligible defendant withdraws the eligible
defendant's consent to participate in the Program;
(2) the court orders the rejection of the proposed
Reimagined Justice Program; or
(3) the court enters an order approving or modifying
the proposed Reimagined Justice Program and the eligible
defendant fails to file a waiver of the eligible
defendant's right to a preliminary hearing in the criminal
proceeding pending against the eligible defendant within
14 days after the eligible defendant is served with that
order.
(b) Implementation of the Reimagined Justice Program. The
Reimagined Justice Program set forth in the court's order
shall be in full force and effect upon the eligible
defendant's filing of a waiver of the eligible defendant's
right to a preliminary hearing in the criminal proceeding
pending against the eligible defendant. The eligible defendant
shall have the right to withdraw the eligible defendant's
consent to participate in the Program at any time before that
order is in full force and effect. After the Reimagined
Justice Program set forth in the court's order is in full force
and effect:
(1) The court shall set a schedule for the court to
hear a status report from the eligible defendant and the
pretrial navigator on the eligible defendant's progress
toward compliance with the Reimagined Justice Program,

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with such hearings occurring no less than every 90 days.
At each such hearing, all evidence of the eligible
defendant's compliance and noncompliance with the
Reimagined Justice Program and the pretrial navigator's
efforts to bring the eligible defendant into compliance
with the Program when the eligible defendant has been
noncompliant. That evidence shall be presented by the
pretrial navigator to the court and shall be set forth in
detail in a verified written report by the pretrial
navigator. The pretrial navigator shall file a copy of
that report with the court and shall serve it upon the
eligible defendant in open court and upon the State's
Attorney;
(2) The pretrial navigator shall monitor and use best
efforts to assist with the eligible defendant's compliance
with the Reimagined Justice Program and bring the eligible
defendant into compliance with the Program if the eligible
defendant has been noncompliant. The eligible defendant
shall be in contact with and provide the pretrial
navigator with such information as the pretrial navigator
deems reasonably necessary for that purpose.
(c) Subsequent conviction. The order setting forth an
eligible defendant's Reimagined Justice Program shall be
vacated and the criminal proceeding pending against the
eligible defendant shall proceed as otherwise provided by law
if the eligible defendant is convicted of committing another

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felony offense after that order is entered.
(d) Completion.
(1) State's Attorney and pretrial navigator reports on
compliance. Not more than 14 days after the completion
date provided in the order setting forth the Reimagined
Justice Program, the State's Attorney and pretrial
navigator shall file their individual written reports with
the court in which the eligible defendant's criminal
proceeding are pending. Those reports shall state the
State's Attorney's and pretrial navigator's opinion on
whether the eligible defendant complied with the
Reimagined Justice Program set forth in the court's order.
Those reports shall also include detailed facts and other
relevant information to support those opinions. The
State's Attorney and the pretrial navigator shall serve
copies of their reports on the eligible defendant.
(2) Probable cause hearing. If the reports of the
State's Attorney or the pretrial navigator required under
paragraph (1) state that the eligible defendant failed to
comply with the order setting forth the Reimagined Justice
Program, the eligible defendant shall have 30 days after
the eligible defendant's receipt of those reports to file
a response to them. The court shall consider the reports,
the eligible defendant's response, and any oral arguments
it deems necessary to hear to determine whether there is
probable cause to believe that the eligible defendant

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failed to comply with the order setting forth the
Reimagined Justice Program.
(3) Compliance hearing.
(A) The court shall schedule an evidentiary
hearing on the issue of the eligible defendant's
compliance with the order setting forth the Reimagined
Justice Program if the court determines that there is
probable cause to believe that the eligible defendant
failed to comply with the order setting forth the
Reimagined Justice Program. That hearing shall not be
convened for at least 30 days after the eligible
defendant receives notice of the court's probable
cause determination. The hearing may be continued for
good cause.
(B) Not less than 14 days before the evidentiary
hearing described in subparagraph (A):
(i) the pretrial navigator shall provide the
eligible defendant with a description of the
testimony the pretrial navigator expects to
provide at that hearing and copies of all files
and other documents in the pretrial navigator's
possession or control that pertain to the eligible
defendant; and
(ii) the State's Attorney shall provide the
eligible defendant with the identities of all
witnesses the State's Attorney will call at that

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hearing, a description of the testimony that each
of those witnesses is expected to provide, copies
of all statements, reports, or opinions those
witnesses have provided to the State's Attorney
regarding the matters at issue in that hearing,
copies of all other statements, reports, or
opinions in the State's Attorney's possession or
control regarding the matters at issue in that
hearing, and copies of all exhibits the State's
Attorney will be offering into the record at that
hearing.
(C) The pretrial navigator shall be barred from
testifying about any matters that have not been
disclosed to the eligible defendant under item (i) of
subparagraph (B). The State's Attorney shall be barred
from:
(i) calling any witnesses who were not
disclosed to the eligible defendant pursuant to
item (ii) of subparagraph (B);
(ii) eliciting testimony from a witness other
than testimony that was disclosed for that witness
under item (ii) of subparagraph (B); and
(iii) seeking the admission of exhibits that
were not provided to the eligible defendant under
item (ii) of subparagraph (B).
(D) The State's Attorney or pretrial navigator who

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alleged that the eligible defendant has failed to
comply with the order setting forth the Reimagined
Justice Program has the burden of proving that the
eligible defendant so failed to comply. That burden
shall only be satisfied with the admission of clear
and convincing evidence.
(E) The court shall consider the relevant
testimony and other evidence admitted during the
hearing to determine whether the eligible defendant
complied with the Reimagined Justice Program set forth
in the court's order. If the court determines that
clear and convincing evidence demonstrates that the
eligible defendant failed to comply with the
Reimagined Justice Program, the eligible defendant's
criminal proceeding shall proceed in accordance with
applicable law. The eligible defendant's participation
in and failure to comply with the Reimagined Justice
Program shall not otherwise be considered by the court
or presented to any jury in the criminal proceeding
against the eligible defendant.
(4) Post-compliance. If either: (i) the State's
Attorney and pretrial navigator report that the eligible
defendant has complied with the Reimagined Justice Program
set forth in the court's order; or (ii) the court
determined under paragraph (d)(2) that there is not
probable cause to believe that the eligible defendant

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failed to comply with the order setting forth the
Reimagined Justice Program; or (iii) the court determines
that clear and convincing evidence of the eligible
defendant's failure to comply with that order was not
presented at the hearing described in paragraph (3), then:
(A) the criminal proceeding pending against the
eligible defendant shall be dismissed nunc pro tunc to
the earlier of the date the complaint, information, or
indictment in that proceeding was filed; and
(B) all records pertaining to the proceeding shall
be expunged in accordance with the Criminal
Identification Act within 60 days thereafter without
need for further action by the eligible defendant or
the court, including, without limitation, arrest
records, law enforcement records (including, without
limitation, records of the arresting agency and the
Illinois State Police), investigatory records, the
State's Attorney's records, records maintained by the
clerk of the circuit court that indicate the existence
of the proceeding, and all filings in the criminal
proceeding that were pending against the eligible
defendant.
Section 45. Reporting. The Department of Returning
Resident Affairs shall annually report on the efficacy of the
Program to the Governor and General Assembly and make that

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report available on its website. That report shall include,
without limitation, data showing the following for the
reporting period:
(1) Number of eligible defendants who: (A) requested
participation in the Program; (B) were denied
participation in the Program due to ineligibility; (C) had
a proposed Reimagined Justice Program granted; (D) had a
proposed Reimagined Justice Program modified; (E) had a
proposed Reimagined Justice Program rejected; (F) entered
guilty pleas pursuant to the Program; (G) failed to enter
guilty pleas pursuant to the Program; (H) successfully
completed the Program; (I) failed to successfully complete
the Program; and (J) recidivated after successfully
completing the Program.
(2)(A) Criminal offenses for which eligible defendants
have been charged; (B) the number of Program participants
at each hub site; (C) basic components of proposed and
final Reimagined Justice Programs; (D) the nature of
modifications to proposed Reimagined Justice Programs; and
(E) the operating costs of the Program.
Pretrial navigators and the Illinois Department of
Corrections shall provide the Department of Returning Resident
Affairs with such information as is necessary for the
Department of Returning Resident Affairs to compile these
reports.

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Section 50. Provisions of Act mandatory. Subject only to
appropriation, the provisions of this Act are mandatory and
shall not be considered to be directory or discretionary.
Section 905. The Criminal Identification Act is amended by
changing Section 5.2 as follows:
(20 ILCS 2630/5.2)
Sec. 5.2. Expungement, sealing, and immediate sealing.
(a) General Provisions.
(1) Definitions. In this Act, words and phrases have
the meanings set forth in this subsection, except when a
particular context clearly requires a different meaning.
(A) The following terms shall have the meanings
ascribed to them in the following Sections of the
Unified Code of Corrections, 730 ILCS 5/5-1-2 through
5/5-1-22:
(i) Business Offense, Section 5-1-2. (730 ILCS
5/5-1-2),
(ii) Charge, Section 5-1-3. (730 ILCS
5/5-1-3),
(iii) Court, Section 5-1-6. (730 ILCS
5/5-1-6),
(iv) Defendant, Section 5-1-7. (730 ILCS
5/5-1-7),
(v) Felony, Section 5-1-9. (730 ILCS 5/5-1-9),

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(vi) Imprisonment, Section 5-1-10. (730 ILCS
5/5-1-10),
(vii) Judgment, Section 5-1-12. (730 ILCS
5/5-1-12),
(viii) Misdemeanor, Section 5-1-14. (730 ILCS
5/5-1-14),
(ix) Offense, Section 5-1-15. (730 ILCS
5/5-1-15),
(x) Parole, Section 5-1-16. (730 ILCS
5/5-1-16),
(xi) Petty Offense, Section 5-1-17. (730 ILCS
5/5-1-17),
(xii) Probation, Section 5-1-18. (730 ILCS
5/5-1-18),
(xiii) Sentence, Section 5-1-19. (730 ILCS
5/5-1-19),
(xiv) Supervision, Section 5-1-21. (730 ILCS
5/5-1-21), and
(xv) Victim, Section 5-1-22. (730 ILCS
5/5-1-22).
(B) As used in this Section, "charge not initiated
by arrest" means a charge (as defined by Section 5-1-3
of the Unified Code of Corrections 730 ILCS 5/5-1-3)
brought against a defendant where the defendant is not
arrested prior to or as a direct result of the charge.
(C) "Conviction" means a judgment of conviction or

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sentence entered upon a plea of guilty or upon a
verdict or finding of guilty of an offense, rendered
by a legally constituted jury or by a court of
competent jurisdiction authorized to try the case
without a jury. An order of supervision successfully
completed by the petitioner is not a conviction. An
order of qualified probation (as defined in subsection
(a)(1)(J)) successfully completed by the petitioner is
not a conviction. An order of supervision or an order
of qualified probation that is terminated
unsatisfactorily is a conviction, unless the
unsatisfactory termination is reversed, vacated, or
modified and the judgment of conviction, if any, is
reversed or vacated.
(D) "Criminal offense" means a petty offense,
business offense, misdemeanor, felony, or municipal
ordinance violation (as defined in subsection
(a)(1)(H)). As used in this Section, a minor traffic
offense (as defined in subsection (a)(1)(G)) shall not
be considered a criminal offense.
(E) "Expunge" means to physically destroy the
records or return them to the petitioner and to
obliterate the petitioner's name from any official
index or public record, or both. Nothing in this Act
shall require the physical destruction of the circuit
court file, but such records relating to arrests or

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charges, or both, ordered expunged shall be impounded
as required by subsections (d)(9)(A)(ii) and
(d)(9)(B)(ii).
(F) As used in this Section, "last sentence" means
the sentence, order of supervision, or order of
qualified probation (as defined by subsection
(a)(1)(J)), for a criminal offense (as defined by
subsection (a)(1)(D)) that terminates last in time in
any jurisdiction, regardless of whether the petitioner
has included the criminal offense for which the
sentence or order of supervision or qualified
probation was imposed in his or her petition. If
multiple sentences, orders of supervision, or orders
of qualified probation terminate on the same day and
are last in time, they shall be collectively
considered the "last sentence" regardless of whether
they were ordered to run concurrently.
(G) "Minor traffic offense" means a petty offense,
business offense, or Class C misdemeanor under the
Illinois Vehicle Code or a similar provision of a
municipal or local ordinance.
(G-5) "Minor Cannabis Offense" means a violation
of Section 4 or 5 of the Cannabis Control Act
concerning not more than 30 grams of any substance
containing cannabis, provided the violation did not
include a penalty enhancement under Section 7 of the

SB3606 - 24 - LRB102 22627 RLC 34008 b
Cannabis Control Act and is not associated with an
arrest, conviction or other disposition for a violent
crime as defined in subsection (c) of Section 3 of the
Rights of Crime Victims and Witnesses Act.
(H) "Municipal ordinance violation" means an
offense defined by a municipal or local ordinance that
is criminal in nature and with which the petitioner
was charged or for which the petitioner was arrested
and released without charging.
(I) "Petitioner" means an adult or a minor
prosecuted as an adult who has applied for relief
under this Section.
(J) "Qualified probation" means an order of
probation under Section 10 of the Cannabis Control
Act, Section 410 of the Illinois Controlled Substances
Act, Section 70 of the Methamphetamine Control and
Community Protection Act, Section 5-6-3.3 or 5-6-3.4
of the Unified Code of Corrections, Section
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
those provisions existed before their deletion by
Public Act 89-313), Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section
40-10 of the Substance Use Disorder Act, or Section 10
of the Steroid Control Act. For the purpose of this
Section, "successful completion" of an order of
qualified probation under Section 10-102 of the

SB3606 - 25 - LRB102 22627 RLC 34008 b
Illinois Alcoholism and Other Drug Dependency Act and
Section 40-10 of the Substance Use Disorder Act means
that the probation was terminated satisfactorily and
the judgment of conviction was vacated.
(K) "Seal" means to physically and electronically
maintain the records, unless the records would
otherwise be destroyed due to age, but to make the
records unavailable without a court order, subject to
the exceptions in Sections 12 and 13 of this Act. The
petitioner's name shall also be obliterated from the
official index required to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts
Act, but any index issued by the circuit court clerk
before the entry of the order to seal shall not be
affected.
(L) "Sexual offense committed against a minor"
includes, but is not limited to, the offenses of
indecent solicitation of a child or criminal sexual
abuse when the victim of such offense is under 18 years
of age.
(M) "Terminate" as it relates to a sentence or
order of supervision or qualified probation includes
either satisfactory or unsatisfactory termination of
the sentence, unless otherwise specified in this
Section. A sentence is terminated notwithstanding any
outstanding financial legal obligation.

SB3606 - 26 - LRB102 22627 RLC 34008 b
(2) Minor Traffic Offenses. Orders of supervision or
convictions for minor traffic offenses shall not affect a
petitioner's eligibility to expunge or seal records
pursuant to this Section.
(2.5) Commencing 180 days after July 29, 2016 (the
effective date of Public Act 99-697), the law enforcement
agency issuing the citation shall automatically expunge,
on or before January 1 and July 1 of each year, the law
enforcement records of a person found to have committed a
civil law violation of subsection (a) of Section 4 of the
Cannabis Control Act or subsection (c) of Section 3.5 of
the Drug Paraphernalia Control Act in the law enforcement
agency's possession or control and which contains the
final satisfactory disposition which pertain to the person
issued a citation for that offense. The law enforcement
agency shall provide by rule the process for access,
review, and to confirm the automatic expungement by the
law enforcement agency issuing the citation. Commencing
180 days after July 29, 2016 (the effective date of Public
Act 99-697), the clerk of the circuit court shall expunge,
upon order of the court, or in the absence of a court order
on or before January 1 and July 1 of each year, the court
records of a person found in the circuit court to have
committed a civil law violation of subsection (a) of
Section 4 of the Cannabis Control Act or subsection (c) of
Section 3.5 of the Drug Paraphernalia Control Act in the

SB3606 - 27 - LRB102 22627 RLC 34008 b
clerk's possession or control and which contains the final
satisfactory disposition which pertain to the person
issued a citation for any of those offenses.
(3) Exclusions. Except as otherwise provided in
subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
of this Section, the court shall not order:
(A) the sealing or expungement of the records of
arrests or charges not initiated by arrest that result
in an order of supervision for or conviction of: (i)
any sexual offense committed against a minor; (ii)
Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance; or (iii)
Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, unless the
arrest or charge is for a misdemeanor violation of
subsection (a) of Section 11-503 or a similar
provision of a local ordinance, that occurred prior to
the offender reaching the age of 25 years and the
offender has no other conviction for violating Section
11-501 or 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance.
(B) the sealing or expungement of records of minor
traffic offenses (as defined in subsection (a)(1)(G)),
unless the petitioner was arrested and released
without charging.
(C) the sealing of the records of arrests or

SB3606 - 28 - LRB102 22627 RLC 34008 b
charges not initiated by arrest which result in an
order of supervision or a conviction for the following
offenses:
(i) offenses included in Article 11 of the
Criminal Code of 1961 or the Criminal Code of 2012
or a similar provision of a local ordinance,
except Section 11-14 and a misdemeanor violation
of Section 11-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, or a similar provision
of a local ordinance;
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
26-5, or 48-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;
(iii) Sections 12-3.1 or 12-3.2 of the
Criminal Code of 1961 or the Criminal Code of
2012, or Section 125 of the Stalking No Contact
Order Act, or Section 219 of the Civil No Contact
Order Act, or a similar provision of a local
ordinance;
(iv) Class A misdemeanors or felony offenses
under the Humane Care for Animals Act; or
(v) any offense or attempted offense that
would subject a person to registration under the
Sex Offender Registration Act.
(D) (blank).

SB3606 - 29 - LRB102 22627 RLC 34008 b
(b) Expungement.
(1) A petitioner may petition the circuit court to
expunge the records of his or her arrests and charges not
initiated by arrest when each arrest or charge not
initiated by arrest sought to be expunged resulted in: (i)
acquittal, dismissal, or the petitioner's release without
charging, unless excluded by subsection (a)(3)(B); (ii) a
conviction which was vacated or reversed, unless excluded
by subsection (a)(3)(B); (iii) an order of supervision and
such supervision was successfully completed by the
petitioner, unless excluded by subsection (a)(3)(A) or
(a)(3)(B); or (iv) an order of qualified probation (as
defined in subsection (a)(1)(J)) and such probation was
successfully completed by the petitioner.
(1.5) When a petitioner seeks to have a record of
arrest expunged under this Section, and the offender has
been convicted of a criminal offense, the State's Attorney
may object to the expungement on the grounds that the
records contain specific relevant information aside from
the mere fact of the arrest.
(2) Time frame for filing a petition to expunge.
(A) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an acquittal,
dismissal, the petitioner's release without charging,
or the reversal or vacation of a conviction, there is
no waiting period to petition for the expungement of

SB3606 - 30 - LRB102 22627 RLC 34008 b
such records.
(B) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
supervision, successfully completed by the petitioner,
the following time frames will apply:
(i) Those arrests or charges that resulted in
orders of supervision under Section 3-707, 3-708,
3-710, or 5-401.3 of the Illinois Vehicle Code or
a similar provision of a local ordinance, or under
Section 11-1.50, 12-3.2, or 12-15 of the Criminal
Code of 1961 or the Criminal Code of 2012, or a
similar provision of a local ordinance, shall not
be eligible for expungement until 5 years have
passed following the satisfactory termination of
the supervision.
(i-5) Those arrests or charges that resulted
in orders of supervision for a misdemeanor
violation of subsection (a) of Section 11-503 of
the Illinois Vehicle Code or a similar provision
of a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the
offender has no other conviction for violating
Section 11-501 or 11-503 of the Illinois Vehicle
Code or a similar provision of a local ordinance
shall not be eligible for expungement until the
petitioner has reached the age of 25 years.

SB3606 - 31 - LRB102 22627 RLC 34008 b
(ii) Those arrests or charges that resulted in
orders of supervision for any other offenses shall
not be eligible for expungement until 2 years have
passed following the satisfactory termination of
the supervision.
(C) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
qualified probation, successfully completed by the
petitioner, such records shall not be eligible for
expungement until 5 years have passed following the
satisfactory termination of the probation.
(D) Immediate expungement.
(i) Applicability. Notwithstanding any other
provision of law and cumulative with any rights to
expungement or sealing of criminal records, this
subparagraph (D) authorizes immediate expungement
of arrests or charges not initiated by arrest
resulting in an acquittal, dismissal, the
petitioner's release without charging, or the
reversal or vacation of a conviction.
(ii) When records are eligible to be
immediately expunged. Records eligible to be
expunged under subdivision (i) of this
subparagraph (D) may be expunged immediately after
entry of the final disposition of a case.
(iii) Procedure.

SB3606 - 32 - LRB102 22627 RLC 34008 b
(aa) Filing the petition. A petition for
the immediate expungement of records under
subdivision (i) of this subparagraph (D) may
be filed with the circuit court clerk during
the hearing in which the final disposition of
the case is entered and heard instanter. The
defendant may also file a petition for
immediate expungement and set the petition for
hearing on the date in which the final
disposition of the case is anticipated. The
defendant may also file a petition for
expungement at any other time after the final
disposition of the case.
(bb) Contents of the petition. The
petition for the immediate expungement of
records under subdivision (i) of this
subparagraph (D) shall be verified and shall
contain the petitioner's name, date of birth,
current address, and, for each eligible
record, the case number, the date of the
arrest if applicable, the identity of the
arresting authority if applicable, and other
information the court may require.
(cc) Service of petition. A copy of the
petition for the immediate expungement of
records under subdivision (i) of this

SB3606 - 33 - LRB102 22627 RLC 34008 b
subparagraph (D) shall be served on the
State's Attorney in open court. The petitioner
shall not be required to serve a copy of the
petition on any other agency.
(dd) Hearing and entry of order. The
presiding trial judge shall enter an order
granting or denying the petition for the
immediate expungement of records under
subdivision (i) of this subparagraph (D)
during any hearing in which that petition is
filed, including, without limitation, the
hearing in which the final disposition of the
case is entered. A petition for the immediate
expungement of records under subdivision (i)
of this subparagraph (D) that was filed at a
time other than during a hearing shall be set
for hearing by the presiding trial judge and
the presiding trial judge shall enter an order
granting or denying that petition at that
hearing.
(ee) Service of order. An order to
immediately expunge eligible records under
this subparagraph (D) shall be served in
accordance with paragraph (8) of subsection
(d).
(ff) Implementation of order. An order to

SB3606 - 34 - LRB102 22627 RLC 34008 b
immediately expunge records under this
subparagraph (D) shall be implemented in
accordance with subparagraph (A) of paragraph
(8) of subsection (d).
(gg) Final order. No court order entered
under this subparagraph (D) becomes final for
purposes of appeal until 30 days after service
of the order on the petitioner and all parties
entitled to service of the order.
(hh) Motion to vacate, modify, or
reconsider. Under Section 2-1203 of the Code
of Civil Procedure, the petitioner, the
State's Attorney, or the Illinois State Police
may file a motion to vacate, modify, or
reconsider an order denying a petition to
immediately expunge within 30 days of service
of the order. If filed more than 30 days after
service of the order, a petition to vacate,
modify, or reconsider shall comply with
Section 2-1401 of the Code of Civil Procedure.
(ii) Effect of order. An order granting an
immediate expungement petition under this
subparagraph (D) shall not be considered void
because it fails to comply with the provisions
of this subparagraph (D). The circuit court
retains jurisdiction to determine whether the

SB3606 - 35 - LRB102 22627 RLC 34008 b
order is voidable, and to vacate, modify, or
reconsider its terms based on a motion filed
under paragraph (12) of subsection (d).
(jj) Compliance with order granting
petition to expunge records. Unless a court
has entered a stay of an order granting a
petition to immediately expunge under this
subparagraph (D), all parties entitled to
service of the order must fully comply with
the terms of the order within 60 days of
service of the order.
(3) Those records maintained by the Illinois State
Police Department for persons arrested prior to their 17th
birthday shall be expunged as provided in Section 5-915 of
the Juvenile Court Act of 1987.
(4) Whenever a person has been arrested for or
convicted of any offense, in the name of a person whose
identity he or she has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization,
upon learning of the person having been arrested using his
or her identity, may, upon verified petition to the chief
judge of the circuit wherein the arrest was made, have a
court order entered nunc pro tunc by the Chief Judge to
correct the arrest record, conviction record, if any, and
all official records of the arresting authority, the

SB3606 - 36 - LRB102 22627 RLC 34008 b
Illinois State Police Department, other criminal justice
agencies, the prosecutor, and the trial court concerning
such arrest, if any, by removing his or her name from all
such records in connection with the arrest and conviction,
if any, and by inserting in the records the name of the
offender, if known or ascertainable, in lieu of the
aggrieved's name. The records of the circuit court clerk
shall be sealed until further order of the court upon good
cause shown and the name of the aggrieved person
obliterated on the official index required to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act, but the order shall not affect any index
issued by the circuit court clerk before the entry of the
order. Nothing in this Section shall limit the Illinois
Department of State Police or other criminal justice
agencies or prosecutors from listing under an offender's
name the false names he or she has used.
(5) Whenever a person has been convicted of criminal
sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse, the
victim of that offense may request that the State's
Attorney of the county in which the conviction occurred
file a verified petition with the presiding trial judge at
the petitioner's trial to have a court order entered to
seal the records of the circuit court clerk in connection

SB3606 - 37 - LRB102 22627 RLC 34008 b
with the proceedings of the trial court concerning that
offense. However, the records of the arresting authority
and the Illinois Department of State Police concerning the
offense shall not be sealed. The court, upon good cause
shown, shall make the records of the circuit court clerk
in connection with the proceedings of the trial court
concerning the offense available for public inspection.
(6) If a conviction has been set aside on direct
review or on collateral attack and the court determines by
clear and convincing evidence that the petitioner was
factually innocent of the charge, the court that finds the
petitioner factually innocent of the charge shall enter an
expungement order for the conviction for which the
petitioner has been determined to be innocent as provided
in subsection (b) of Section 5-5-4 of the Unified Code of
Corrections.
(7) Nothing in this Section shall prevent the Illinois
Department of State Police from maintaining all records of
any person who is admitted to probation upon terms and
conditions and who fulfills those terms and conditions
pursuant to Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act,
Section 70 of the Methamphetamine Control and Community
Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified
Code of Corrections, Section 12-4.3 or subdivision (b)(1)
of Section 12-3.05 of the Criminal Code of 1961 or the

SB3606 - 38 - LRB102 22627 RLC 34008 b
Criminal Code of 2012, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section 40-10 of
the Substance Use Disorder Act, or Section 10 of the
Steroid Control Act.
(8) If the petitioner has been granted a certificate
of innocence under Section 2-702 of the Code of Civil
Procedure, the court that grants the certificate of
innocence shall also enter an order expunging the
conviction for which the petitioner has been determined to
be innocent as provided in subsection (h) of Section 2-702
of the Code of Civil Procedure.
(c) Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any
rights to expungement of criminal records, this subsection
authorizes the sealing of criminal records of adults and
of minors prosecuted as adults. Subsection (g) of this
Section provides for immediate sealing of certain records.
(2) Eligible Records. The following records may be
sealed:
(A) All arrests resulting in release without
charging;
(B) Arrests or charges not initiated by arrest
resulting in acquittal, dismissal, or conviction when
the conviction was reversed or vacated, except as
excluded by subsection (a)(3)(B);

SB3606 - 39 - LRB102 22627 RLC 34008 b
(C) Arrests or charges not initiated by arrest
resulting in orders of supervision, including orders
of supervision for municipal ordinance violations,
successfully completed by the petitioner, unless
excluded by subsection (a)(3);
(D) Arrests or charges not initiated by arrest
resulting in convictions, including convictions on
municipal ordinance violations, unless excluded by
subsection (a)(3);
(E) Arrests or charges not initiated by arrest
resulting in orders of first offender probation under
Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 70 of
the Methamphetamine Control and Community Protection
Act, or Section 5-6-3.3 of the Unified Code of
Corrections; and
(F) Arrests or charges not initiated by arrest
resulting in felony convictions unless otherwise
excluded by subsection (a) paragraph (3) of this
Section.
(3) When Records Are Eligible to Be Sealed. Records
identified as eligible under subsection (c)(2) may be
sealed as follows:
(A) Records identified as eligible under
subsection (c)(2)(A) and (c)(2)(B) may be sealed at
any time.

SB3606 - 40 - LRB102 22627 RLC 34008 b
(B) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsection (c)(2)(C) may be sealed 2
years after the termination of petitioner's last
sentence (as defined in subsection (a)(1)(F)).
(C) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsections (c)(2)(D), (c)(2)(E), and
(c)(2)(F) may be sealed 3 years after the termination
of the petitioner's last sentence (as defined in
subsection (a)(1)(F)). Convictions requiring public
registration under the Arsonist Registration Act, the
Sex Offender Registration Act, or the Murderer and
Violent Offender Against Youth Registration Act may
not be sealed until the petitioner is no longer
required to register under that relevant Act.
(D) Records identified in subsection
(a)(3)(A)(iii) may be sealed after the petitioner has
reached the age of 25 years.
(E) Records identified as eligible under
subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
(c)(2)(F) may be sealed upon termination of the
petitioner's last sentence if the petitioner earned a
high school diploma, associate's degree, career
certificate, vocational technical certification, or
bachelor's degree, or passed the high school level

SB3606 - 41 - LRB102 22627 RLC 34008 b
Test of General Educational Development, during the
period of his or her sentence or mandatory supervised
release. This subparagraph shall apply only to a
petitioner who has not completed the same educational
goal prior to the period of his or her sentence or
mandatory supervised release. If a petition for
sealing eligible records filed under this subparagraph
is denied by the court, the time periods under
subparagraph (B) or (C) shall apply to any subsequent
petition for sealing filed by the petitioner.
(4) Subsequent felony convictions. A person may not
have subsequent felony conviction records sealed as
provided in this subsection (c) if he or she is convicted
of any felony offense after the date of the sealing of
prior felony convictions as provided in this subsection
(c). The court may, upon conviction for a subsequent
felony offense, order the unsealing of prior felony
conviction records previously ordered sealed by the court.
(5) Notice of eligibility for sealing. Upon entry of a
disposition for an eligible record under this subsection
(c), the petitioner shall be informed by the court of the
right to have the records sealed and the procedures for
the sealing of the records.
(d) Procedure. The following procedures apply to
expungement under subsections (b), (e), and (e-6) and sealing
under subsections (c) and (e-5):

SB3606 - 42 - LRB102 22627 RLC 34008 b
(1) Filing the petition. Upon becoming eligible to
petition for the expungement or sealing of records under
this Section, the petitioner shall file a petition
requesting the expungement or sealing of records with the
clerk of the court where the arrests occurred or the
charges were brought, or both. If arrests occurred or
charges were brought in multiple jurisdictions, a petition
must be filed in each such jurisdiction. The petitioner
shall pay the applicable fee, except no fee shall be
required if the petitioner has obtained a court order
waiving fees under Supreme Court Rule 298 or it is
otherwise waived.
(1.5) County fee waiver pilot program. From August 9,
2019 (the effective date of Public Act 101-306) through
December 31, 2020, in a county of 3,000,000 or more
inhabitants, no fee shall be required to be paid by a
petitioner if the records sought to be expunged or sealed
were arrests resulting in release without charging or
arrests or charges not initiated by arrest resulting in
acquittal, dismissal, or conviction when the conviction
was reversed or vacated, unless excluded by subsection
(a)(3)(B). The provisions of this paragraph (1.5), other
than this sentence, are inoperative on and after January
1, 2022.
(2) Contents of petition. The petition shall be
verified and shall contain the petitioner's name, date of

SB3606 - 43 - LRB102 22627 RLC 34008 b
birth, current address and, for each arrest or charge not
initiated by arrest sought to be sealed or expunged, the
case number, the date of arrest (if any), the identity of
the arresting authority, and such other information as the
court may require. During the pendency of the proceeding,
the petitioner shall promptly notify the circuit court
clerk of any change of his or her address. If the
petitioner has received a certificate of eligibility for
sealing from the Prisoner Review Board under paragraph
(10) of subsection (a) of Section 3-3-2 of the Unified
Code of Corrections, the certificate shall be attached to
the petition.
(3) Drug test. The petitioner must attach to the
petition proof that the petitioner has passed a test taken
within 30 days before the filing of the petition showing
the absence within his or her body of all illegal
substances as defined by the Illinois Controlled
Substances Act, the Methamphetamine Control and Community
Protection Act, and the Cannabis Control Act if he or she
is petitioning to:
(A) seal felony records under clause (c)(2)(E);
(B) seal felony records for a violation of the
Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act,
or the Cannabis Control Act under clause (c)(2)(F);
(C) seal felony records under subsection (e-5); or

SB3606 - 44 - LRB102 22627 RLC 34008 b
(D) expunge felony records of a qualified
probation under clause (b)(1)(iv).
(4) Service of petition. The circuit court clerk shall
promptly serve a copy of the petition and documentation to
support the petition under subsection (e-5) or (e-6) on
the State's Attorney or prosecutor charged with the duty
of prosecuting the offense, the Illinois Department of
State Police, the arresting agency and the chief legal
officer of the unit of local government effecting the
arrest.
(5) Objections.
(A) Any party entitled to notice of the petition
may file an objection to the petition. All objections
shall be in writing, shall be filed with the circuit
court clerk, and shall state with specificity the
basis of the objection. Whenever a person who has been
convicted of an offense is granted a pardon by the
Governor which specifically authorizes expungement, an
objection to the petition may not be filed.
(B) Objections to a petition to expunge or seal
must be filed within 60 days of the date of service of
the petition.
(6) Entry of order.
(A) The Chief Judge of the circuit wherein the
charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less

SB3606 - 45 - LRB102 22627 RLC 34008 b
than 3,000,000 inhabitants, the presiding trial judge
at the petitioner's trial, if any, shall rule on the
petition to expunge or seal as set forth in this
subsection (d)(6).
(B) Unless the State's Attorney or prosecutor, the
Illinois Department of State Police, the arresting
agency, or the chief legal officer files an objection
to the petition to expunge or seal within 60 days from
the date of service of the petition, the court shall
enter an order granting or denying the petition.
(C) Notwithstanding any other provision of law,
the court shall not deny a petition for sealing under
this Section because the petitioner has not satisfied
an outstanding legal financial obligation established,
imposed, or originated by a court, law enforcement
agency, or a municipal, State, county, or other unit
of local government, including, but not limited to,
any cost, assessment, fine, or fee. An outstanding
legal financial obligation does not include any court
ordered restitution to a victim under Section 5-5-6 of
the Unified Code of Corrections, unless the
restitution has been converted to a civil judgment.
Nothing in this subparagraph (C) waives, rescinds, or
abrogates a legal financial obligation or otherwise
eliminates or affects the right of the holder of any
financial obligation to pursue collection under

SB3606 - 46 - LRB102 22627 RLC 34008 b
applicable federal, State, or local law.
(7) Hearings. If an objection is filed, the court
shall set a date for a hearing and notify the petitioner
and all parties entitled to notice of the petition of the
hearing date at least 30 days prior to the hearing. Prior
to the hearing, the State's Attorney shall consult with
the Illinois State Police Department as to the
appropriateness of the relief sought in the petition to
expunge or seal. At the hearing, the court shall hear
evidence on whether the petition should or should not be
granted, and shall grant or deny the petition to expunge
or seal the records based on the evidence presented at the
hearing. The court may consider the following:
(A) the strength of the evidence supporting the
defendant's conviction;
(B) the reasons for retention of the conviction
records by the State;
(C) the petitioner's age, criminal record history,
and employment history;
(D) the period of time between the petitioner's
arrest on the charge resulting in the conviction and
the filing of the petition under this Section; and
(E) the specific adverse consequences the
petitioner may be subject to if the petition is
denied.
(8) Service of order. After entering an order to

SB3606 - 47 - LRB102 22627 RLC 34008 b
expunge or seal records, the court must provide copies of
the order to the Illinois State Police Department, in a
form and manner prescribed by the Illinois State Police
Department, to the petitioner, to the State's Attorney or
prosecutor charged with the duty of prosecuting the
offense, to the arresting agency, to the chief legal
officer of the unit of local government effecting the
arrest, and to such other criminal justice agencies as may
be ordered by the court.
(9) Implementation of order.
(A) Upon entry of an order to expunge records
pursuant to subsection (b)(2)(A) or (b)(2)(B)(ii), or
both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency,
the Illinois State Police Department, and any
other agency as ordered by the court, within 60
days of the date of service of the order, unless a
motion to vacate, modify, or reconsider the order
is filed pursuant to paragraph (12) of subsection
(d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk

SB3606 - 48 - LRB102 22627 RLC 34008 b
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
and
(iii) in response to an inquiry for expunged
records, the court, the Illinois State Police
Department, or the agency receiving such inquiry,
shall reply as it does in response to inquiries
when no records ever existed.
(B) Upon entry of an order to expunge records
pursuant to subsection (b)(2)(B)(i) or (b)(2)(C), or
both:
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed pursuant to paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the

SB3606 - 49 - LRB102 22627 RLC 34008 b
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Illinois State Police Department within 60 days of
the date of service of the order as ordered by the
court, unless a motion to vacate, modify, or
reconsider the order is filed pursuant to
paragraph (12) of subsection (d) of this Section;
(iv) records impounded by the Illinois State
Police Department may be disseminated by the
Illinois State Police Department only as required
by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for
the same or a similar offense or for the purpose of
sentencing for any subsequent felony, and to the
Department of Corrections upon conviction for any
offense; and
(v) in response to an inquiry for such records
from anyone not authorized by law to access such
records, the court, the Illinois State Police
Department, or the agency receiving such inquiry
shall reply as it does in response to inquiries
when no records ever existed.
(B-5) Upon entry of an order to expunge records
under subsection (e-6):
(i) the records shall be expunged (as defined
in subsection (a)(1)(E)) by the arresting agency

SB3606 - 50 - LRB102 22627 RLC 34008 b
and any other agency as ordered by the court,
within 60 days of the date of service of the order,
unless a motion to vacate, modify, or reconsider
the order is filed under paragraph (12) of
subsection (d) of this Section;
(ii) the records of the circuit court clerk
shall be impounded until further order of the
court upon good cause shown and the name of the
petitioner obliterated on the official index
required to be kept by the circuit court clerk
under Section 16 of the Clerks of Courts Act, but
the order shall not affect any index issued by the
circuit court clerk before the entry of the order;
(iii) the records shall be impounded by the
Illinois State Police Department within 60 days of
the date of service of the order as ordered by the
court, unless a motion to vacate, modify, or
reconsider the order is filed under paragraph (12)
of subsection (d) of this Section;
(iv) records impounded by the Illinois State
Police Department may be disseminated by the
Illinois State Police Department only as required
by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for
the same or a similar offense or for the purpose of
sentencing for any subsequent felony, and to the

SB3606 - 51 - LRB102 22627 RLC 34008 b
Department of Corrections upon conviction for any
offense; and
(v) in response to an inquiry for these
records from anyone not authorized by law to
access the records, the court, the Illinois State
Police Department, or the agency receiving the
inquiry shall reply as it does in response to
inquiries when no records ever existed.
(C) Upon entry of an order to seal records under
subsection (c), the arresting agency, any other agency
as ordered by the court, the Illinois State Police
Department, and the court shall seal the records (as
defined in subsection (a)(1)(K)). In response to an
inquiry for such records, from anyone not authorized
by law to access such records, the court, the Illinois
State Police Department, or the agency receiving such
inquiry shall reply as it does in response to
inquiries when no records ever existed.
(D) The Illinois State Police Department shall
send written notice to the petitioner of its
compliance with each order to expunge or seal records
within 60 days of the date of service of that order or,
if a motion to vacate, modify, or reconsider is filed,
within 60 days of service of the order resolving the
motion, if that order requires the Illinois State
Police Department to expunge or seal records. In the

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event of an appeal from the circuit court order, the
Illinois State Police Department shall send written
notice to the petitioner of its compliance with an
Appellate Court or Supreme Court judgment to expunge
or seal records within 60 days of the issuance of the
court's mandate. The notice is not required while any
motion to vacate, modify, or reconsider, or any appeal
or petition for discretionary appellate review, is
pending.
(E) Upon motion, the court may order that a sealed
judgment or other court record necessary to
demonstrate the amount of any legal financial
obligation due and owing be made available for the
limited purpose of collecting any legal financial
obligations owed by the petitioner that were
established, imposed, or originated in the criminal
proceeding for which those records have been sealed.
The records made available under this subparagraph (E)
shall not be entered into the official index required
to be kept by the circuit court clerk under Section 16
of the Clerks of Courts Act and shall be immediately
re-impounded upon the collection of the outstanding
financial obligations.
(F) Notwithstanding any other provision of this
Section, a circuit court clerk may access a sealed
record for the limited purpose of collecting payment

SB3606 - 53 - LRB102 22627 RLC 34008 b
for any legal financial obligations that were
established, imposed, or originated in the criminal
proceedings for which those records have been sealed.
(10) Fees. The Illinois State Police Department may
charge the petitioner a fee equivalent to the cost of
processing any order to expunge or seal records.
Notwithstanding any provision of the Clerks of Courts Act
to the contrary, the circuit court clerk may charge a fee
equivalent to the cost associated with the sealing or
expungement of records by the circuit court clerk. From
the total filing fee collected for the petition to seal or
expunge, the circuit court clerk shall deposit $10 into
the Circuit Court Clerk Operation and Administrative Fund,
to be used to offset the costs incurred by the circuit
court clerk in performing the additional duties required
to serve the petition to seal or expunge on all parties.
The circuit court clerk shall collect and remit the
Illinois Department of State Police portion of the fee to
the State Treasurer and it shall be deposited in the State
Police Services Fund. If the record brought under an
expungement petition was previously sealed under this
Section, the fee for the expungement petition for that
same record shall be waived.
(11) Final Order. No court order issued under the
expungement or sealing provisions of this Section shall
become final for purposes of appeal until 30 days after

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service of the order on the petitioner and all parties
entitled to notice of the petition.
(12) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner or any party entitled to notice may file a
motion to vacate, modify, or reconsider the order granting
or denying the petition to expunge or seal within 30 60
days of service of the order. If filed more than 30 60 days
after service of the order, a petition to vacate, modify,
or reconsider shall comply with subsection (c) of Section
2-1401 of the Code of Civil Procedure. Upon filing of a
motion to vacate, modify, or reconsider, notice of the
motion shall be served upon the petitioner and all parties
entitled to notice of the petition.
(13) Effect of Order. An order granting a petition
under the expungement or sealing provisions of this
Section shall not be considered void because it fails to
comply with the provisions of this Section or because of
any error asserted in a motion to vacate, modify, or
reconsider. The circuit court retains jurisdiction to
determine whether the order is voidable and to vacate,
modify, or reconsider its terms based on a motion filed
under paragraph (12) of this subsection (d).
(14) Compliance with Order Granting Petition to Seal
Records. Unless a court has entered a stay of an order
granting a petition to seal, all parties entitled to

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notice of the petition must fully comply with the terms of
the order within 60 days of service of the order even if a
party is seeking relief from the order through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order.
(15) Compliance with Order Granting Petition to
Expunge Records. While a party is seeking relief from the
order granting the petition to expunge through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order, and unless a court has entered a stay
of that order, the parties entitled to notice of the
petition must seal, but need not expunge, the records
until there is a final order on the motion for relief or,
in the case of an appeal, the issuance of that court's
mandate.
(16) The changes to this subsection (d) made by Public
Act 98-163 apply to all petitions pending on August 5,
2013 (the effective date of Public Act 98-163) and to all
orders ruling on a petition to expunge or seal on or after
August 5, 2013 (the effective date of Public Act 98-163).
(e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the

SB3606 - 56 - LRB102 22627 RLC 34008 b
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Illinois State Police
Department be sealed until further order of the court upon
good cause shown or as otherwise provided herein, and the name
of the defendant obliterated from the official index requested
to be kept by the circuit court clerk under Section 16 of the
Clerks of Courts Act in connection with the arrest and
conviction for the offense for which he or she had been
pardoned but the order shall not affect any index issued by the
circuit court clerk before the entry of the order. All records
sealed by the Illinois State Police Department may be
disseminated by the Illinois State Police Department only to
the arresting authority, the State's Attorney, and the court
upon a later arrest for the same or similar offense or for the
purpose of sentencing for any subsequent felony. Upon
conviction for any subsequent offense, the Department of
Corrections shall have access to all sealed records of the
Illinois State Police Department pertaining to that
individual. Upon entry of the order of expungement, the
circuit court clerk shall promptly mail a copy of the order to
the person who was pardoned.
(e-5) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for sealing by
the Prisoner Review Board which specifically authorizes

SB3606 - 57 - LRB102 22627 RLC 34008 b
sealing, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered sealing the record of arrest from the official records
of the arresting authority and order that the records of the
circuit court clerk and the Illinois State Police Department
be sealed until further order of the court upon good cause
shown or as otherwise provided herein, and the name of the
petitioner obliterated from the official index requested to be
kept by the circuit court clerk under Section 16 of the Clerks
of Courts Act in connection with the arrest and conviction for
the offense for which he or she had been granted the
certificate but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. All
records sealed by the Illinois State Police Department may be
disseminated by the Illinois State Police Department only as
required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Illinois State Police
Department pertaining to that individual. Upon entry of the
order of sealing, the circuit court clerk shall promptly mail

SB3606 - 58 - LRB102 22627 RLC 34008 b
a copy of the order to the person who was granted the
certificate of eligibility for sealing.
(e-6) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for
expungement by the Prisoner Review Board which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the petitioner's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Illinois State Police
Department be sealed until further order of the court upon
good cause shown or as otherwise provided herein, and the name
of the petitioner obliterated from the official index
requested to be kept by the circuit court clerk under Section
16 of the Clerks of Courts Act in connection with the arrest
and conviction for the offense for which he or she had been
granted the certificate but the order shall not affect any
index issued by the circuit court clerk before the entry of the
order. All records sealed by the Illinois State Police
Department may be disseminated by the Illinois State Police
Department only as required by this Act or to the arresting
authority, a law enforcement agency, the State's Attorney, and
the court upon a later arrest for the same or similar offense

SB3606 - 59 - LRB102 22627 RLC 34008 b
or for the purpose of sentencing for any subsequent felony.
Upon conviction for any subsequent offense, the Department of
Corrections shall have access to all expunged records of the
Illinois State Police Department pertaining to that
individual. Upon entry of the order of expungement, the
circuit court clerk shall promptly mail a copy of the order to
the person who was granted the certificate of eligibility for
expungement.
(f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of
the Illinois Department of Corrections, records of the
Illinois Department of Employment Security shall be utilized
as appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
(g) Immediate Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any
rights to expungement or sealing of criminal records, this
subsection authorizes the immediate sealing of criminal
records of adults and of minors prosecuted as adults.

SB3606 - 60 - LRB102 22627 RLC 34008 b
(2) Eligible Records. Arrests or charges not initiated
by arrest resulting in acquittal or dismissal with
prejudice, except as excluded by subsection (a)(3)(B),
that occur on or after January 1, 2018 (the effective date
of Public Act 100-282), may be sealed immediately if the
petition is filed with the circuit court clerk on the same
day and during the same hearing in which the case is
disposed.
(3) When Records are Eligible to be Immediately
Sealed. Eligible records under paragraph (2) of this
subsection (g) may be sealed immediately after entry of
the final disposition of a case, notwithstanding the
disposition of other charges in the same case.
(4) Notice of Eligibility for Immediate Sealing. Upon
entry of a disposition for an eligible record under this
subsection (g), the defendant shall be informed by the
court of his or her right to have eligible records
immediately sealed and the procedure for the immediate
sealing of these records.
(5) Procedure. The following procedures apply to
immediate sealing under this subsection (g).
(A) Filing the Petition. Upon entry of the final
disposition of the case, the defendant's attorney may
immediately petition the court, on behalf of the
defendant, for immediate sealing of eligible records
under paragraph (2) of this subsection (g) that are

SB3606 - 61 - LRB102 22627 RLC 34008 b
entered on or after January 1, 2018 (the effective
date of Public Act 100-282). The immediate sealing
petition may be filed with the circuit court clerk
during the hearing in which the final disposition of
the case is entered. If the defendant's attorney does
not file the petition for immediate sealing during the
hearing, the defendant may file a petition for sealing
at any time as authorized under subsection (c)(3)(A).
(B) Contents of Petition. The immediate sealing
petition shall be verified and shall contain the
petitioner's name, date of birth, current address, and
for each eligible record, the case number, the date of
arrest if applicable, the identity of the arresting
authority if applicable, and other information as the
court may require.
(C) Drug Test. The petitioner shall not be
required to attach proof that he or she has passed a
drug test.
(D) Service of Petition. A copy of the petition
shall be served on the State's Attorney in open court.
The petitioner shall not be required to serve a copy of
the petition on any other agency.
(E) Entry of Order. The presiding trial judge
shall enter an order granting or denying the petition
for immediate sealing during the hearing in which it
is filed. Petitions for immediate sealing shall be

SB3606 - 62 - LRB102 22627 RLC 34008 b
ruled on in the same hearing in which the final
disposition of the case is entered.
(F) Hearings. The court shall hear the petition
for immediate sealing on the same day and during the
same hearing in which the disposition is rendered.
(G) Service of Order. An order to immediately seal
eligible records shall be served in conformance with
subsection (d)(8).
(H) Implementation of Order. An order to
immediately seal records shall be implemented in
conformance with subsections (d)(9)(C) and (d)(9)(D).
(I) Fees. The fee imposed by the circuit court
clerk and the Illinois Department of State Police
shall comply with paragraph (1) of subsection (d) of
this Section.
(J) Final Order. No court order issued under this
subsection (g) shall become final for purposes of
appeal until 30 days after service of the order on the
petitioner and all parties entitled to service of the
order in conformance with subsection (d)(8).
(K) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner, State's Attorney, or the Illinois
Department of State Police may file a motion to
vacate, modify, or reconsider the order denying the
petition to immediately seal within 30 60 days of

SB3606 - 63 - LRB102 22627 RLC 34008 b
service of the order. If filed more than 30 60 days
after service of the order, a petition to vacate,
modify, or reconsider shall comply with subsection (c)
of Section 2-1401 of the Code of Civil Procedure.
(L) Effect of Order. An order granting an
immediate sealing petition shall not be considered
void because it fails to comply with the provisions of
this Section or because of an error asserted in a
motion to vacate, modify, or reconsider. The circuit
court retains jurisdiction to determine whether the
order is voidable, and to vacate, modify, or
reconsider its terms based on a motion filed under
subparagraph (L) of this subsection (g).
(M) Compliance with Order Granting Petition to
Seal Records. Unless a court has entered a stay of an
order granting a petition to immediately seal, all
parties entitled to service of the order must fully
comply with the terms of the order within 60 days of
service of the order.
(h) Sealing; trafficking victims.
(1) A trafficking victim as defined by paragraph (10)
of subsection (a) of Section 10-9 of the Criminal Code of
2012 shall be eligible to petition for immediate sealing
of his or her criminal record upon the completion of his or
her last sentence if his or her participation in the
underlying offense was a direct result of human

SB3606 - 64 - LRB102 22627 RLC 34008 b
trafficking under Section 10-9 of the Criminal Code of
2012 or a severe form of trafficking under the federal
Trafficking Victims Protection Act.
(2) A petitioner under this subsection (h), in
addition to the requirements provided under paragraph (4)
of subsection (d) of this Section, shall include in his or
her petition a clear and concise statement that: (A) he or
she was a victim of human trafficking at the time of the
offense; and (B) that his or her participation in the
offense was a direct result of human trafficking under
Section 10-9 of the Criminal Code of 2012 or a severe form
of trafficking under the federal Trafficking Victims
Protection Act.
(3) If an objection is filed alleging that the
petitioner is not entitled to immediate sealing under this
subsection (h), the court shall conduct a hearing under
paragraph (7) of subsection (d) of this Section and the
court shall determine whether the petitioner is entitled
to immediate sealing under this subsection (h). A
petitioner is eligible for immediate relief under this
subsection (h) if he or she shows, by a preponderance of
the evidence, that: (A) he or she was a victim of human
trafficking at the time of the offense; and (B) that his or
her participation in the offense was a direct result of
human trafficking under Section 10-9 of the Criminal Code
of 2012 or a severe form of trafficking under the federal

SB3606 - 65 - LRB102 22627 RLC 34008 b
Trafficking Victims Protection Act.
(i) Minor Cannabis Offenses under the Cannabis Control
Act.
(1) Expungement of Arrest Records of Minor Cannabis
Offenses.
(A) The Illinois Department of State Police and
all law enforcement agencies within the State shall
automatically expunge all criminal history records of
an arrest, charge not initiated by arrest, order of
supervision, or order of qualified probation for a
Minor Cannabis Offense committed prior to June 25,
2019 (the effective date of Public Act 101-27) if:
(i) One year or more has elapsed since the
date of the arrest or law enforcement interaction
documented in the records; and
(ii) No criminal charges were filed relating
to the arrest or law enforcement interaction or
criminal charges were filed and subsequently
dismissed or vacated or the arrestee was
acquitted.
(B) If the law enforcement agency is unable to
verify satisfaction of condition (ii) in paragraph
(A), records that satisfy condition (i) in paragraph
(A) shall be automatically expunged.
(C) Records shall be expunged by the law
enforcement agency under the following timelines:

SB3606 - 66 - LRB102 22627 RLC 34008 b
(i) Records created prior to June 25, 2019
(the effective date of Public Act 101-27), but on
or after January 1, 2013, shall be automatically
expunged prior to January 1, 2021;
(ii) Records created prior to January 1, 2013,
but on or after January 1, 2000, shall be
automatically expunged prior to January 1, 2023;
(iii) Records created prior to January 1, 2000
shall be automatically expunged prior to January
1, 2025.
In response to an inquiry for expunged records,
the law enforcement agency receiving such inquiry
shall reply as it does in response to inquiries when no
records ever existed; however, it shall provide a
certificate of disposition or confirmation that the
record was expunged to the individual whose record was
expunged if such a record exists.
(D) Nothing in this Section shall be construed to
restrict or modify an individual's right to have that
individual's records expunged except as otherwise may
be provided in this Act, or diminish or abrogate any
rights or remedies otherwise available to the
individual.
(2) Pardons Authorizing Expungement of Minor Cannabis
Offenses.
(A) Upon June 25, 2019 (the effective date of

SB3606 - 67 - LRB102 22627 RLC 34008 b
Public Act 101-27), the Department of State Police
shall review all criminal history record information
and identify all records that meet all of the
following criteria:
(i) one or more convictions for a Minor
Cannabis Offense;
(ii) the conviction identified in paragraph
(2)(A)(i) did not include a penalty enhancement
under Section 7 of the Cannabis Control Act; and
(iii) the conviction identified in paragraph
(2)(A)(i) is not associated with a conviction for
a violent crime as defined in subsection (c) of
Section 3 of the Rights of Crime Victims and
Witnesses Act.
(B) Within 180 days after June 25, 2019 (the
effective date of Public Act 101-27), the Department
of State Police shall notify the Prisoner Review Board
of all such records that meet the criteria established
in paragraph (2)(A).
(i) The Prisoner Review Board shall notify the
State's Attorney of the county of conviction of
each record identified by State Police in
paragraph (2)(A) that is classified as a Class 4
felony. The State's Attorney may provide a written
objection to the Prisoner Review Board on the sole
basis that the record identified does not meet the

SB3606 - 68 - LRB102 22627 RLC 34008 b
criteria established in paragraph (2)(A). Such an
objection must be filed within 60 days or by such
later date set by the Prisoner Review Board in the
notice after the State's Attorney received notice
from the Prisoner Review Board.
(ii) In response to a written objection from a
State's Attorney, the Prisoner Review Board is
authorized to conduct a non-public hearing to
evaluate the information provided in the
objection.
(iii) The Prisoner Review Board shall make a
confidential and privileged recommendation to the
Governor as to whether to grant a pardon
authorizing expungement for each of the records
identified by the Department of State Police as
described in paragraph (2)(A).
(C) If an individual has been granted a pardon
authorizing expungement as described in this Section,
the Prisoner Review Board, through the Attorney
General, shall file a petition for expungement with
the Chief Judge of the circuit or any judge of the
circuit designated by the Chief Judge where the
individual had been convicted. Such petition may
include more than one individual. Whenever an
individual who has been convicted of an offense is
granted a pardon by the Governor that specifically

SB3606 - 69 - LRB102 22627 RLC 34008 b
authorizes expungement, an objection to the petition
may not be filed. Petitions to expunge under this
subsection (i) may include more than one individual.
Within 90 days of the filing of such a petition, the
court shall enter an order expunging the records of
arrest from the official records of the arresting
authority and order that the records of the circuit
court clerk and the Illinois Department of State
Police be expunged and the name of the defendant
obliterated from the official index requested to be
kept by the circuit court clerk under Section 16 of the
Clerks of Courts Act in connection with the arrest and
conviction for the offense for which the individual
had received a pardon but the order shall not affect
any index issued by the circuit court clerk before the
entry of the order. Upon entry of the order of
expungement, the circuit court clerk shall promptly
provide a copy of the order and a certificate of
disposition to the individual who was pardoned to the
individual's last known address or by electronic means
(if available) or otherwise make it available to the
individual upon request.
(D) Nothing in this Section is intended to
diminish or abrogate any rights or remedies otherwise
available to the individual.
(3) Any individual may file a motion to vacate and

SB3606 - 70 - LRB102 22627 RLC 34008 b
expunge a conviction for a misdemeanor or Class 4 felony
violation of Section 4 or Section 5 of the Cannabis
Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge. The circuit court clerk
shall promptly serve a copy of the motion to vacate and
expunge, and any supporting documentation, on the State's
Attorney or prosecutor charged with the duty of
prosecuting the offense. When considering such a motion to
vacate and expunge, a court shall consider the following:
the reasons to retain the records provided by law
enforcement, the petitioner's age, the petitioner's age at
the time of offense, the time since the conviction, and
the specific adverse consequences if denied. An individual
may file such a petition after the completion of any
non-financial sentence or non-financial condition imposed
by the conviction. Within 60 days of the filing of such
motion, a State's Attorney may file an objection to such a
petition along with supporting evidence. If a motion to
vacate and expunge is granted, the records shall be
expunged in accordance with subparagraphs (d)(8) and
(d)(9)(A) of this Section. An agency providing civil legal
aid, as defined by Section 15 of the Public Interest
Attorney Assistance Act, assisting individuals seeking to
file a motion to vacate and expunge under this subsection

SB3606 - 71 - LRB102 22627 RLC 34008 b
may file motions to vacate and expunge with the Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and the motion may include
more than one individual. Motions filed by an agency
providing civil legal aid concerning more than one
individual may be prepared, presented, and signed
electronically.
(4) Any State's Attorney may file a motion to vacate
and expunge a conviction for a misdemeanor or Class 4
felony violation of Section 4 or Section 5 of the Cannabis
Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and may include more than
one individual. Motions filed by a State's Attorney
concerning more than one individual may be prepared,
presented, and signed electronically. When considering
such a motion to vacate and expunge, a court shall
consider the following: the reasons to retain the records
provided by law enforcement, the individual's age, the
individual's age at the time of offense, the time since
the conviction, and the specific adverse consequences if
denied. Upon entry of an order granting a motion to vacate
and expunge records pursuant to this Section, the State's
Attorney shall notify the Prisoner Review Board within 30
days. Upon entry of the order of expungement, the circuit

SB3606 - 72 - LRB102 22627 RLC 34008 b
court clerk shall promptly provide a copy of the order and
a certificate of disposition to the individual whose
records will be expunged to the individual's last known
address or by electronic means (if available) or otherwise
make available to the individual upon request. If a motion
to vacate and expunge is granted, the records shall be
expunged in accordance with subparagraphs (d)(8) and
(d)(9)(A) of this Section.
(5) In the public interest, the State's Attorney of a
county has standing to file motions to vacate and expunge
pursuant to this Section in the circuit court with
jurisdiction over the underlying conviction.
(6) If a person is arrested for a Minor Cannabis
Offense as defined in this Section before June 25, 2019
(the effective date of Public Act 101-27) and the person's
case is still pending but a sentence has not been imposed,
the person may petition the court in which the charges are
pending for an order to summarily dismiss those charges
against him or her, and expunge all official records of
his or her arrest, plea, trial, conviction, incarceration,
supervision, or expungement. If the court determines, upon
review, that: (A) the person was arrested before June 25,
2019 (the effective date of Public Act 101-27) for an
offense that has been made eligible for expungement; (B)
the case is pending at the time; and (C) the person has not
been sentenced of the minor cannabis violation eligible

SB3606 - 73 - LRB102 22627 RLC 34008 b
for expungement under this subsection, the court shall
consider the following: the reasons to retain the records
provided by law enforcement, the petitioner's age, the
petitioner's age at the time of offense, the time since
the conviction, and the specific adverse consequences if
denied. If a motion to dismiss and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A) of this Section.
(7) A person imprisoned solely as a result of one or
more convictions for Minor Cannabis Offenses under this
subsection (i) shall be released from incarceration upon
the issuance of an order under this subsection.
(8) The Illinois Department of State Police shall
allow a person to use the access and review process,
established in the Illinois Department of State Police,
for verifying that his or her records relating to Minor
Cannabis Offenses of the Cannabis Control Act eligible
under this Section have been expunged.
(9) No conviction vacated pursuant to this Section
shall serve as the basis for damages for time unjustly
served as provided in the Court of Claims Act.
(10) Effect of Expungement. A person's right to
expunge an expungeable offense shall not be limited under
this Section. The effect of an order of expungement shall
be to restore the person to the status he or she occupied
before the arrest, charge, or conviction.

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(11) Information. The Illinois Department of State
Police shall post general information on its website about
the expungement process described in this subsection (i).
(j) Felony Prostitution Convictions.
(1) Any individual may file a motion to vacate and
expunge a conviction for a prior Class 4 felony violation
of prostitution. Motions to vacate and expunge under this
subsection (j) may be filed with the circuit court, Chief
Judge of a judicial circuit, or any judge of the circuit
designated by the Chief Judge. When considering the motion
to vacate and expunge, a court shall consider the
following:
(A) the reasons to retain the records provided by
law enforcement;
(B) the petitioner's age;
(C) the petitioner's age at the time of offense;
and
(D) the time since the conviction, and the
specific adverse consequences if denied. An individual
may file the petition after the completion of any
sentence or condition imposed by the conviction.
Within 60 days of the filing of the motion, a State's
Attorney may file an objection to the petition along
with supporting evidence. If a motion to vacate and
expunge is granted, the records shall be expunged in
accordance with subparagraph (d)(9)(A) of this

SB3606 - 75 - LRB102 22627 RLC 34008 b
Section. An agency providing civil legal aid, as
defined in Section 15 of the Public Interest Attorney
Assistance Act, assisting individuals seeking to file
a motion to vacate and expunge under this subsection
may file motions to vacate and expunge with the Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and the motion may
include more than one individual.
(2) Any State's Attorney may file a motion to vacate
and expunge a conviction for a Class 4 felony violation of
prostitution. Motions to vacate and expunge under this
subsection (j) may be filed with the circuit court, Chief
Judge of a judicial circuit, or any judge of the circuit
court designated by the Chief Judge, and may include more
than one individual. When considering the motion to vacate
and expunge, a court shall consider the following reasons:
(A) the reasons to retain the records provided by
law enforcement;
(B) the petitioner's age;
(C) the petitioner's age at the time of offense;
(D) the time since the conviction; and
(E) the specific adverse consequences if denied.
If the State's Attorney files a motion to vacate and
expunge records for felony prostitution convictions
pursuant to this Section, the State's Attorney shall
notify the Prisoner Review Board within 30 days of the

SB3606 - 76 - LRB102 22627 RLC 34008 b
filing. If a motion to vacate and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A) of this Section.
(3) In the public interest, the State's Attorney of a
county has standing to file motions to vacate and expunge
pursuant to this Section in the circuit court with
jurisdiction over the underlying conviction.
(4) The Illinois State Police shall allow a person to
a use the access and review process, established in the
Illinois State Police, for verifying that his or her
records relating to felony prostitution eligible under
this Section have been expunged.
(5) No conviction vacated pursuant to this Section
shall serve as the basis for damages for time unjustly
served as provided in the Court of Claims Act.
(6) Effect of Expungement. A person's right to expunge
an expungeable offense shall not be limited under this
Section. The effect of an order of expungement shall be to
restore the person to the status he or she occupied before
the arrest, charge, or conviction.
(7) Information. The Illinois State Police shall post
general information on its website about the expungement
process described in this subsection (j).
(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
12-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;

SB3606 - 77 - LRB102 22627 RLC 34008 b
102-558, 8-20-21; 102-639, eff. 8-27-21; revised 10-5-21.)
Section 910. The Unified Code of Corrections is amended by
changing Sections 5-9-1 and 5-9-2 as follows:
(730 ILCS 5/5-9-1) (from Ch. 38, par. 1005-9-1)
Sec. 5-9-1. Authorized fines.
(a) An offender may be sentenced to pay a fine as provided
in Article 4.5 of Chapter V.
(b) (Blank).
(c) (Blank).
(c-5) (Blank).
(c-7) (Blank).
(c-9) (Blank).
(d) In determining the amount and method of payment of a
fine or restitution, except for those fines established for
violations of Chapter 15 of the Illinois Vehicle Code, the
court shall consider:
(1) the financial resources and current and future
ability of the offender to reasonably pay the fine or
restitution; and
(2) whether the fine will prevent the offender from
making court ordered restitution or reparation to the
victim of the offense; and
(2.1) the impact that payment of the fine or
restitution will have on the offender's current and future

SB3606 - 78 - LRB102 22627 RLC 34008 b
ability to:
(A) obtain or maintain decent and stable housing
for the offender, the offender's family, and all
others who are dependent upon the offender for stable
housing;
(B) obtain stable and financially meaningful
employment; and
(C) obtain any education or training that is or
may become reasonably necessary for the offender to
support the offender, the offender's family, or others
who are financially dependent upon the offender or
otherwise dependent upon the offender's care; and
(2.2) the impact of the fine or restitution on the
offender's family or others who are financially dependent
upon the offender or otherwise dependent upon the
offender's care; and
(2.3) the likelihood that the fine or restitution may
cause the offender to recidivate; and
(3) in a case where the accused is a dissolved
corporation and the court has appointed counsel to
represent the corporation, the costs incurred either by
the county or the State for such representation.
(e) The court may order the fine to be paid forthwith or
within a specified period of time or in installments.
Notwithstanding any other provision of law:
(1) the amount to be collected from an offender for

SB3606 - 79 - LRB102 22627 RLC 34008 b
payment of a fine or restitution shall never exceed the
amount that could be collected from that offender pursuant
to a deduction order entered under Part 8 of Article XII of
the Code of Civil Procedure; and
(2) no payment of the whole or any part or any fine or
restitution or any installment thereof shall be due,
otherwise required, or collected while the individual who
is liable for that payment is incarcerated.
(f) (Blank).
(Source: P.A. 99-352, eff. 1-1-16; 100-987, eff. 7-1-19.)
(730 ILCS 5/5-9-2) (from Ch. 38, par. 1005-9-2)
Sec. 5-9-2. Revocation of a fine or restitution Fine.
Except as to fines established for violations of Chapter 15 of
the Illinois Vehicle Code, the court, upon good cause shown,
may revoke all or any portion of any fine or restitution
imposed upon an individual, or the unpaid portion of any such
fine or restitution, or may modify the method of payment. Any
individual who is liable for the payment of a fine or
restitution may petition the court that imposed the fine or
restitution for relief under this Section at any time. The
second and all succeeding petitions for such relief by such an
individual shall include evidence of a material change in the
individual's circumstances. The court's determination to grant
relief under this Section shall be based upon the impact of any
fine or restitution on:

SB3606 - 80 - LRB102 22627 RLC 34008 b
(1) the petitioner's current and anticipated future
ability to:
(A) reasonably pay such fine or restitution;
(B) obtain or maintain stable housing for the
petitioner, the petitioner's family, and all others
who are dependent upon the petitioner for stable
housing;
(C) obtain stable and financially meaningful
employment; and
(D) obtain any education or training that is or
may become reasonably necessary for the petitioner to
support the petitioner, the petitioner's family, or
others who are financially dependent upon the
petitioner or otherwise dependent upon the
petitioner's care;
(2) the impact of the fine or restitution on the
petitioner's family or others who are financially
dependent upon the petitioner or otherwise dependent upon
the petitioner's care; and
(3) the likelihood that the fine or restitution may
cause the petitioner to recidivate.
The provisions of this Section shall be liberally
construed in favor of granting the relief authorized by this
Section. This Section shall not be construed to authorize a
court to increase the amount due from an individual upon whom a
fine or restitution has been imposed or the amount of any

SB3606 - 81 - LRB102 22627 RLC 34008 b
installments or other payments of such fine or restitution the
fine or the unpaid portion or may modify the method of payment.
(Source: P.A. 87-396.)
(730 ILCS 5/5-9-3 rep.)
Section 915. The Unified Code of Corrections is amended by
repealing Section 5-9-3.
Section 997. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 999. Effective date. This Section and Sections 905
through 997 take effect upon becoming law. Sections 1 through
45 take effect upon becoming law, but Sections 1 through 45 do
not take effect at all unless "An Act creating the Department
of Returning Resident Affairs" of the 102nd General Assembly
becomes law.